What status does my wife hold?

[minme 0]

My wife came to the US in mid June, and we got married in early July. Her EAD was approved yesterday, but we are still awaiting AOS.

She wants to take courses at the county college. One of the questions is:

17. Are you a U.S. citizen?

Yes (If yes, please skip to question #18)

No (If no, please answer a through e below.)

1. If not a U.S. Citizen, what is your country of citizenship?

2. If not a U.S. Citizen, are you a permanent resident of the United States? Yes No

3. If a permanent resident, what is your alien registration number?

4. If not a citizen or permanent resident, what type of status do you currently hold?

Anyone know what we should do??

[HeatDeath 430]

Are you a US citizen?

No. [Representing yourself as a US citizen if you are not is VERY VERY bad. Never ever ever give anyone cause to think you are claiming to be a US citizen if you are not one. That's one of the 3 unrepairable "crash landings" [the others being material misrepresentation and entry without inspection.]

1. Country of citizenship.

Brazil [assuming, from your membership info here. ]

2. Permanent Resident of the US?

No. Not until she gets a GC. Its "Resident Since" date is always on or very close after the date on the "Card Production Ordered" email. If you haven't gotten that, she definitely isn't a PR, and even if you have, she might not be quite yet.

3. If not PR, A#?

She actually has an A# you can give them anyways. It might help, letting them know she is in the system as a legal immigrant, etc.

4. If not citizen or PR, status?

K-1 fiancee visa entrant and Adjustment of Status [Green Card] applicant.

Edited September 14, 2010 by HeatDeath

[minme 0]

2. Permanent Resident of the US?

No. Not until she gets a GC. Its "Resident Since" date is always on or very close after the date on the "Card Production Ordered" email. If you haven't gotten that, she definitely isn't a PR, and even if you have, she might not be quite yet.

3. If not PR, A#?

She actually has an A# you can give them anyways.

4. If not citizen or PR, status?

K-1 visa entrant and AOS applicant.

I figured for the citizenship question (thanks though).

Her Green Card should be in the mail. Once she gets it she is a permanent resident right?

What is the difference between EAD and AOS status? I thought AOS makes her a permanent resident...

For #4 I put Fiance of a US citizen, since AOS applicant is not a choice. Spouse of a US citizen is though, should I put that instead?

[Dakine 26]

I figured for the citizenship question (thanks though).

Her Green Card should be in the mail. Once she gets it she is a permanent resident right?

What is the difference between EAD and AOS status? I thought AOS makes her a permanent resident...

For #4 I put Fiance of a US citizen, since AOS applicant is not a choice. Spouse of a US citizen is though, should I put that instead?

She's "adjusting status".

[minme 0]

She's "adjusting status".

I didn't see that option there :-/

[HeatDeath 430]

I figured for the citizenship question (thanks though).

Her Green Card should be in the mail. Once she gets it she is a permanent resident right?

What is the difference between EAD and AOS status? I thought AOS makes her a permanent resident...

For #4 I put Fiance of a US citizen, since AOS applicant is not a choice. Spouse of a US citizen is though, should I put that instead?

She is a PR once the "Resident Since" date on her GC has passed. Unfortunately, there's no real way to find out that date until you have the card in your hand to read. [if you've received your "Card Production Ordered" email, you /might/[no guarantees] be able to get the "Resident Since" date from the USCIS info line.] The date will definitely be before the card was mailed, which will definitely be before you receive it, so she will for sure have been a PR for several days by the time you receive the card.

The approval of the AOS application makes her a permanent resident [conditional], authorized to live and work in the US, for a period of 2 years. The approval of the EAD application makes her work-authorized [authorized to work in the US] for a period of 1 year. AOS approval supercedes the EAD approval and renders it irrelevant.

If you are married (which your timeline shows you are [and you'd have to be, in order to even file for AOS [it needs a copy of the marriage certificate, or it will be denied]]), you should select "Spouse of a US citizen." In general, information on a form [uSCIS, tax, or anything else] should always be an instantaneous snapshot of reality as it is at the time and date you sign the form.

Edited September 14, 2010 by HeatDeath

[Dakine 26]

I didn't see that option there :-/

4. If not a citizen or permanent resident, what type of status do you currently hold?

[TBoneTX 45,329]

4. If not a citizen or permanent resident, what type of status do you currently hold?

As HeatDeath first said: "K-1 entrant & applicant for Adjustment of Status."